Sagar Kumar @ Sagar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14677 of 2023 Arising Out of PS. Case No.-301 Year-2022 Thana- DELHA District- Gaya ====================================================== 1.

SAGAR KUMAR @ SAGAR YADAV, S/O KISHORI YADAV @ SURYADEV YADAV, R/v- Kharkhura Bhat Bigha, P.S.- Delha, DistrictGaya 2.

VISHAL YADAV @ VISHAL KUMAR, S/O JHAMAN YADAV, R/vKharkhura Bhat Bigha, P.S.- Delha, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr .Gajendra Kumar Singh, Advocate For the State :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2023 Heard learned counsel for the petitioners and learned APP for the State of Bihar.

The petitioners are apprehending their arrest in connection with Delha P.S. Case No. 301 of 2022 instituted for offence under Sections 341, 323, 326, 307, 504, 379, 506 and 34 of Indian Penal Code.

As per prosecution case, there is an allegation that the informant's brother has been taken away by co-accused Natwar Yadav and Sonu Yadav. The instant petitioners along with two other named co-accused and some other persons were waiting and all have together assaulted the informant's brother. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.14677 of 2023(3) dt.24-05-2023 2/2 petitioners' name, even as per allegation, is in the later part of the occurance of which the informant is not an eyewitness. It is submitted that implication is based on extraneous consideration. Learned APP for the State has opposed the prayer for bail. He has drawn attention of the Court towards the injury report showing multiple bruise and other injuries on the body of the victim. The petitioners also have criminal antecedents as per the averments made in para-3 of the anticipatory bail application.

Considering the rival submissions, antecedents of the petitioners and multiple bruise and other injuries on the victim's body, this Court does not find it a fit case for grant of anticipatory bail to the petitioners.

Petitioners' prayer for anticipatory bail is rejected. (Madhuresh Prasad, J) shashank/- U T